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View Full Version : 10 days vacation on a Motorcycle, CA, NV, AZ....can I take my gun?


leesagi
01-13-2006, 2:25 PM
I'm planning a 10 days ride on my motorcycle, I'll be in CA, NV, and AZ. Can I take my handgun with me? (I am a CA resident), are there any special issues I should be aware of?

Thanks.

M14Gunman
01-13-2006, 2:40 PM
I'm planning a 10 days ride on my motorcycle, I'll be in CA, NV, and AZ. Can I take my handgun with me? (I am a CA resident), are there any special issues I should be aware of? Thanks.

Under California law, while transporting a handgun the handgun must be in a locked case, unconcealed and the ammunition must be kept in a seperate passenger compartment. This means you can put the gun in a locked saddle bag and have the magazines on you, or visa versa.

I did write the DOJ and it is legal to have a handgun in the open, in a holster provided it is not loaded and there is no county or city ordinance prohibiting it. They have you as soon as you get on the bike though.

grammaton76
01-13-2006, 3:13 PM
Under California law, while transporting a handgun the handgun must be in a locked case, unconcealed and the ammunition must be kept in a seperate passenger compartment. This means you can put the gun in a locked saddle bag and have the magazines on you, or visa versa.

Make sure the magazines are not loaded. CA considers a loaded magazine to be transporting a loaded weapon, even if the weapon itself is NOT along for the ride.

leesagi
01-13-2006, 3:31 PM
[QUOTE=I did write the DOJ and it is legal to have a handgun in the open, in a holster provided it is not loaded and there is no county or city ordinance prohibiting it. They have you as soon as you get on the bike though.[/QUOTE]

I know I can cary a gun on my bike if it follows the CA rules, the question is what if I ride from CA to NV or AZ?

Thanks.
Lee.

DrjonesUSA
01-13-2006, 3:36 PM
CA considers a loaded magazine to be transporting a loaded weapon, even if the weapon itself is NOT along for the ride.


Really????

bwiese
01-13-2006, 3:44 PM
No, this has been gone over several times before.

Handguns must be transported locked & unloaded between specific destinations.

Basically the law's written so transporting a "concealable firearm" is illegal, but if it's locked up and unloaded, and you're going to/from a place where it is permitted, then it's OK. (Out of state is a valid destination.)

You just can't cruise around all the time with a handgun locked in your trunk. If you need to have a firearm in your vehicle at all times, choose an appropriate long gun that's not an assault weapon.

shopkeep
01-13-2006, 3:51 PM
The SKS is rapidly becomming the Cali Trunk Gun of choice. This is no doubt due to the stripper clips, bayonette, ability to single load, and low price in the event the rifle gets screwed up, etc. Been thinking about getting an SKS to keep in my truck.

grammaton76
01-13-2006, 4:49 PM
This is not generally true; AFAIK this applies only to gang members.

No, this is not a joke: if you are a gang member, a loaded magazine you carry is considered a weapon; if you are not a gang member, it is not. This bizarre interpretation comes from a court case, if I remember right it was from LA.

Still, running around with loaded magazines is clearly a bad idea, and on the edge of what is permissible by (case-) law.

Interesting. Over at my range, CHP officers have been "nice" to people and let them off with warnings when they open up their box of ammo for checking at the front counter and there's a loaded mag on top.

So far, this is the first I've heard about gang membership or whatnot being involved.

I've read over the firearms sections of the penal code a number of times; what I'd understood was that the "a loaded mag is a loaded weapon" bs was something they'll go ahead and arrest you for that isn't technically on the books, but the law can be stretched just enough to make a compelling case for it (just enough to get a conviction). Just not worth the harrassment.

leesagi
01-13-2006, 7:11 PM
how did we get from "can I transport my handgun on a motorcycle from CA to NV and AZ" to this???

bwiese
01-14-2006, 12:25 PM
Treelogger & others...

Here's why:

12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
.
.


So we've now set up the condition that just about any conduct w/handgun when not at your home, etc. is carrying a concealed firearm... No mention is yet made of locked/unloaded, etc.

And we have this (I've removed some irrelevant stuff for movies, theatrical, etc.):

12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter.
(c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.



And further shaded by this:

12026.2. (a) Section 12025 does not apply to, or affect, any of the following:
.
.
(2) The possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while going directly to, and coming directly from, those meetings.
(3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.
(4) The transportation of a firearm by a person listed in Section 12026 directly between any of the places mentioned in Section 12026.
(5) The transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm.
(6) The transportation of a firearm by a person listed in Section 12026 when going directly from the place where that person lawfully received that firearm to that person's place of residence or place of business or to private property owned or lawfully possessed by that person.
(7) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner.
(9) The transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range.
(10) The transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 12050 when done at the request of the issuing agency so that the issuing agency can determine whether or not a license should be issued to that person to carry that firearm.
(11) The transportation of a firearm by a person when going directly to, or coming directly from, a law enforcement agency for the purpose of a lawful transfer, sale, or loan of that firearm pursuant to Section 12084.
(12) The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and campgrounds.
.
.



To me this says that there's a blanket ban on travel w/firearms with a few specific exceptions/exemptions. The 'lawful purpose' does not necessarily involve driving around freely.

I believe Booknut or Librarian here found another key phrase somewhere, and I haven't found it again.

I think reasonable deviations from directness would be allowed- gas, dinner.

I have no problem driving to Reno (even with assault weapons) and stopping for gas.

Now, this is seldom/rarely enforced here - maybe at all? I know I'm the one touting that one can't rely on "they're not busting for that".

But at worst case we're dealing w/misdemeanor. And I don't think most cops know the law to this level or care to enforce it - the bottom line is they're happy to see locked up & unloaded. Shiny shoes, a good haircut, a washed & waxed vehicle, and intelligent answers to a cops' questions all get you out of this. Just remember your specific destination or have a couple of authorized places preselected on your route.

[BTW, I'm a contract engineer and my time is under my control. I have a couple of changes of clothes and a shave kit in my truck. At any moment I could be headed for Reno, or the shooting range, or a friend's home to show him my new gun that's (locked, unloaded) in my vehicle.]

Inkman
01-14-2006, 2:34 PM
Leesagi.........i know that name from somewhere, but just can't pinpoint it. Pashnit maybe or Barf?

Anyway...i've gone on many a mc trip for a week or more and took my unloaded .357 and ammo in the side bags. I seriously doubt you'd have a problem unless you do stupid things while on the bike. I don't take it on rides with my buds as there is no need for it since i'll be riding with others, but on solo, long distance rides where you are on your own in the middle of nowhere, it is a comforting feeling having it with you. Plus i know of two specific times where a solo rider in BFE had to brandish an arm to avoid conflict and, like them, i will not be a victim when alone on long rides.

The two times i left it at home were when i went to Baja for a few days and when i went north, thinking that i may go into Canada. Just take it and feel safe.

Al~My two cents....

yiha
01-14-2006, 6:27 PM
inkman are you on pashnit?

Inkman
01-14-2006, 6:54 PM
inkman are you on pashnit?

Used to visit the forum all the time. Not so much lately. Haven't ridden in almost a month either. Too busy trying to perfect my aim ;)

Al

Ravenslair
01-15-2006, 11:23 AM
I have to ask a really dumb question... Do you have a valid reason to get a CA CCW permit? That would solve this. Arizona honors (http://www.packing.org/state/california/image.php?stateimage=9) the CA CCW permit and NV appears to have legal open carry (http://www.packing.org/state/nevada/#stateno_ccw)

grammaton76
01-15-2006, 11:49 AM
I have to ask a really dumb question... Do you have a valid reason to get a CA CCW permit?

What, people outside of Orange County actually have valid reasons? (Not that OC is bad - OC just has a shall-issue policy)

Ravenslair
01-15-2006, 4:37 PM
What, people outside of Orange County actually have valid reasons? (Not that OC is bad - OC just has a shall-issue policy)

We manage to come up with one or two ;)

Placer County is pretty darn close to shall-issue. The latest Packing.org (http://www.packing.org/state/california/) numbers:

Orange County: 0.04 % of county residents have a CCW
Placer County: 0.5 % of county residents have a CCW

I think we have you beat :D

dwtt
01-15-2006, 5:16 PM
how did we get from "can I transport my handgun on a motorcycle from CA to NV and AZ" to this???
It's Ok to transport your handgun on your bike. Just make sure it's unloaded and in your saddle bag or packed away, not riding in a holster on your hip. While in CA, you need to lock it in a small case so it agrees with the letter of the law, but NV and AZ are no problem. I have ridden up 50 to Carson City, then east to Utah. If you take 50, just try to keep awake on that long stretch between Delta, Utah, and Fallon, NV. If you are going down by the Grand Canyon in Arizona, be aware that firearms are not allowed in national parks. I have not carried my gun with me into national parks, but have ridden in NV, AZ, UT, WY, and CO with no problem packing my unloaded gun in my saddle bag. It's just in CA that I had to actually lock it up.